Shopping at bershka.com is really easy and also fun

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1 Shopping at bershka.com is really easy and also fun 1. INTRODUCTION This document (hereinafter referred to as the "Conditions"), together with the documents mentioned herein establishes the conditions that govern the use of this website ( and the purchase of products on it. By website in the scope of these Conditions shall be understood also Bershka application to which the Conditions are also applicable. Therefore, if you purchase products via said application, the Conditions apply in the same manner as to the website Please read the Conditions, our Cookies Policy and our Privacy Policy (hereinafter, jointly, the Data Protection Policies ) carefully before using this website. As a Consumer, you have to accept the Conditions before placing an order and once accepted, they stay binding to you for the said order. These Conditions may be modified, however new amendments will not have any impact on the conditions applying to the orders already placed. It is very important for you to read the Conditions and the Data Protection Policies every time the order is placed. If you have any query regarding the Conditions or the Data Protection Policies, you may contact us by using the contact form available on the website. The contract between us to purchase a product via this website is hereinafter a Contract. The Contract may be executed, at your option, in any of the languages in which the Conditions are available on this website. 2. OUR DETAILS Sale of goods through this web page is carried out under the trading name of BERSHKA by Bershka Polska sp. z o.o. (a limited liability company) with its registered seat in Warsaw, Mysia 5, zip code , Warszawa, entered into the registry of entrepreneurs maintained by the District Court for the City of Warsaw in Warsaw, XII KRS Commercial Division, under the number , REGON: , NIP: , (hereinafter referred to as BERSHKA ). 3. YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE The information or personal details that you provide us shall be processed in accordance with the Data Protection Policies. 4. USE OF OUR WEBSITE When you use this website and place orders through it, you agree to: Use this website to make legally valid enquiries and orders only; Not to make any false or fraudulent orders; In case there is a suspicion the order is unfair, i.e. in case of stolen credit card or in similar case, we will try to contact you to verify our suspicions to reasonable extent, depending on the available contact details, and if the said suspicions are confirmed, we will cancel the order and inform you about it; Provide us with your address, postal address and/or other contact details truthfully and exactly. If you do not provide us with all the information we need, you cannot place your order. When you place an order on this website, you state that you are over the age of 18 and are legally eligible to enter into contracts. 5. SERVICE AVAILABILITY

2 The articles offered on this website are available for delivery in Poland only. If you wish to order products from another EU member state outside of Poland via this website, of course you are welcome to do so; however, the ordered products can only be delivered to the Bershka store or a delivery address within Poland. 6. HOW TO PLACE AN ORDER To place an order on this website ( you must follow the online purchasing procedure, i.e. add the products you wish to your shopping bag, check out (using your chosen payment method or as a guest customer) and click on "Pay and Process your order". If, after placing an order, you realize that there is mistake in type, number of items you ordered or in other data, please call us ( ) immediately. Once you have placed your order, you will receive an confirming receipt of your order (the "Order Confirmation"). The order confirmation does not signify our acceptance of your order; we are simply confirming that we received your order. Once we have processed your order and prepared it for shipping, we will send you an stating that we have accepted your order, which will include the shipment details (the "Shipment Confirmation"). The decision to accept your order is in our sole discretion. Because we want to make sure that we have your product available, we won t accept your order until we have prepared your product for shipping. In most cases, this will be within twenty-four hours for items that are in stock. For items that are not in stock, you will receive the Order Acceptance when the item becomes available and has been prepared for shipping, which in no event will be later than the ships timeframe presented to you at checkout. Once we have sent and you have received the Shipment Confirmation, we form the Contract with you. Along with the Shipment Confirmation you will receive the content of these Conditions, which constitute a model contract. You can save and store the Conditions on your PC or other personal devices and play them in the ordinary course of operations. You can also download a file independently in a PDF format from our website: Your order is also recorded and stored by our system. The accounting documents confirming the sale contract made via our website are kept for a period of 5 years. All that remains at that point is for us to deliver the product(s) to you, which is described in point 7 below. 7. DELIVERY We will deliver products specified in the Shipment Confirmation within the deadline indicated in it or, if the deadline was not specified in the Shipment Confirmation, then in time frame selected when choosing way of delivery, however not later than within 30 days from the date of conclusion of the Contract. If in some exceptional situations we expect that delay may occur, we will contact you to agree on deadline of delivery or, if you reject the suggested deadline, you can withdraw from the Contract. If the order is cancelled, all money paid will be returned without undue delay. For the purposes of these Conditions, "delivery" shall be understood to have taken place or the order "delivered" as soon as you or a third party indicated by you acquires physical possession

3 of the goods, which will be evidenced by signing the receipt of the order at the agreed delivery address. Please remember that the ordered products cannot be delivered to the address of the mailbox. Please also remember that the ordered products cannot be delivered to your address on Saturdays and Sundays. As for the virtual gift card, we will deliver it on the date indicated by you when placing the order. The virtual gift card will be considered delivered as set out in the Terms of Use of the gift card and, in any case, at the time of sending this to the address specified by you. In case of orders made using cash on delivery, if 10 days pass since receiving information about your order availability for pick-up and in-store payment (upon receiving the Confirmation of order arrival at store ) and the order is not picked up due to causes not attributed to us, we have the right to cancel it (withdraw from Contract) and the Contract is considered to be terminated. 8. INABILITY TO DELIVER If you are default in collecting the order, we will set an additional deadline to deliver it. If the order cannot be delivered within additional deadline, we have the right to cancel it (withdraw from Contract) and the Contract is considered to be terminated. If so, paid amounts of money will be returned without undue delay. This clause does not apply to the virtual gift card, whose delivery is governed by the provisions of the Terms of Use of the Gift Card and the provisions of clause 7 above. 9. TRANSMISSION OF RISK AND OWNERSHIP OF THE PRODUCTS The product risks shall be your responsibility from the moment of delivery. You will take ownership of the products at the moment of delivery. 10. PRICE AND PAYMENT The prices on the website include VAT, but exclude delivery fees, which are added to the total price as indicated in our Shopping Guide - Delivery Fees. You expressly authorise us to issue the invoice in electronic format. Prices may change at any time. However, except as stipulated above, the changes shall not affect the orders already placed. Once you have selected all articles that you wish to buy, those will have been added to your basket and the next step will be to process the order and make payment. To that end, you must follow the steps of the purchase process, filling up or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. You are provided with a detailed description of the purchase process in the Shopping Guide. Also, if you are a registered user, a record of all the orders placed by you is available in "My Account" area. You may use, as payment method, the cards Visa, Mastercard, American Express, PayPal, P24 and IN Card and also, you can pay all or part of the price of your purchase with a gift card or a voucher of BERSHKA issued by BERSHKA Polska sp. z.o.o. Furthermore, you can pay for your order via cash on delivery, using any payment method that is accepted at the BERSHKA stores in Poland.

4 If you are placing your order through one of the electronic devices that are available at certain BERSHKA stores in Poland, you may also pay the price of your order in the cash till, with the possibility to use the following payment methods: cash, the cards: Visa, Mastercard, American Express, IN Card, gift card and voucher. To finalize your order, you have to go to the cash till at the store and pay for the picked products (using one of the above-mentioned payment methods) within an hour. To minimise the risk of non-authorised access, your credit card details will be encrypted. When you click Pay and Process your order, you are confirming that the credit card is yours or you are the rightful holder of the gift card or the voucher. Credit cards are subject to verification and authorisation by the card issuing entity, but if the entity does not authorise the payment, we shall not be liable for any delay or failure to deliver, and we will be unable to formalise any Contract with you. We hereby inform that inform that that payments made using cards: Visa, Mastercard, American Express, IN Card, PayPal and P24 will be accepted by Spanish company FASHION RETAIL, S.A., with its registered address at: Avda. de la Diputación, Edificio Inditex, Arteixo (A Coruña), registered in the commercial register of A Coruña, vol. 3425, page 49, C-47731, item 1, tax identification number PL , in favour and on behalf of Bershka Polska sp. z o.o., with its registered seat in Warsaw, Mysia 5, zip code , entered into the registry of entrepreneurs maintained by the District Court for the City of Warsaw in Warsaw, XII KRS Commercial Division, under the number , REGON: , NIP: (Bershka Polska sp. z o.o.) being an affiliate of Fashion Retail, S.A. Fashion Retail, S.A. may refund any payments made through the mentioned channels if necessary. Bershka Polska sp. z o.o. has granted Fashion Retail, S.A. a power of attorney and authorized Fashion Retail, S.A. to accept on behalf of Bershka Polska sp. z o.o. any payments for the purchases of products made via this online platform and collected in one of BERSHKA shops in Poland as well as to refund any payments should such refund be necessary (provided that the payment has been originally collected by Fashion Retail, S.A.). All such payments are treated as if they were made in favour and on behalf of Bershka Polska sp. z o.o 11. EXPRESS CHECKOUT The express checkout feature (hereafter "Express Checkout") makes it easier for you to make purchases on this website as you do not have to enter shipping, billing and payment information for each purchase. Express Checkout is available in the View Basket section. To use Express Checkout you will have to save your card information. You may do so when making a payment with any of the cards accepted by this website by clicking the "Save my card information" option. This will result in the following card information being saved: card number, card holder name exactly as it appears on the card and card expiry date. To save your card information and use Express Checkout, you will have to accept the applicable Privacy Policy and Conditions. By agreeing to use Express Checkout, you authorise that purchases paid though the tool be charged to the respective card linked to the tool. Card usage shall be governed by the written terms between you and the card issuer in all cases. You may save card information in Express Checkout for as many cards as you like, to do so must make at least one payment with each of them. If you wish to save card information for more than one card, the card whose information was saved most recently will be considered your "Favourite Card", and will be charged for Express Checkout purchases by default. However, you may change your Favourite Card in the My Account section of this webpage. To use Express Checkout, you only have to click on the "Express Checkout" button that appears in the Shopping Basket. A screen will immediately appear with the shipping, billing and payment

5 information for your purchase. The information available on this screen cannot be edited, so if there is incorrect information do not complete the purchase. To make purchases using different details please do not use the Express Checkout service. You may change your Favourite Card linked to Express Checkout in the My Account section of this webpage. 12. VALUE ADDED TAX Pursuant to the prevailing rules and regulations in force, all purchases done through this website are subject to the Value Added Tax (VAT), except for those to be supplied directly to customers the Canary Islands, Ceuta and Melilla. In this regard and pursuant to Chapter I of Title V of Council Directive 2006/112/EC of 28 November 2006.on the common system of value added tax, the place of supply shall be deemed to be within the Member State of the address where items shall be delivered, and applicable VAT shall be at the prevailing rate in each Member State where items are to be supplied as per the orders placed. Pursuant to the applicable rules and regulations in each jurisdiction, the rule of the "reverse charge" (article 194 of Directive 2006/112) may apply to goods supplied in certain Member States of the European Union if the customer is or is required to be a taxable person for VAT purposes. If this is the case, no VAT would be charged by us, subject to the confirmation by the recipient that the VAT on the items supplied would be accounted for by the customer under the reverse charge procedure. As regards orders to be supplied in the Canary Islands and Ceuta and Melilla, they would be VAT exempt as provided under article 146 of the above referred Directive, subject to the application of the relevant taxes and custom duties pursuant to the prevailing rules and regulations. 13. RETURN POLICY Statutory right of withdrawal If you are contracting as a Consumer, you have the right to withdraw from the Contract within 14 days from the day on which you, or a third party nominated by you (other than the carrier), takes physical possession of the purchased product, or in case of multiple items in one order delivered separately, after 14 days from the day on which you, or a third party nominated by you (other than the carrier), takes physical possession of the last item To exercise the right of withdrawal, you may notify us of your decision by making a statement to us that you withdraw from the Contract. Providing any reason is not required. To exercise the right of withdrawal, you may notify us at the telephone number , by writing an to contact.pl@bershka.com or by writing to our contact form. You may use the model withdrawal form as set out in the Annex to these Conditions, but it is not obligatory. If the Consumer serves a notice of withdrawal from the Contract electronically through the model withdrawal form or sending an , we will send to such Consumer a confirmation of receipt of the notice of withdrawal on a durable medium (pdf). You shall not have the right to withdraw from the Contract when it is for the delivery of any of the following Products: i. Customized items; ii. CD / DVD software or IT delivered in closed packaging bearing a seal, if the packaging was opened after delivery;

6 iii. Goods delivered in the sealed wrapping, which cannot be returned after the wrapping is opened due to health or hygiene reasons, if the wrapping has been opened after the delivery. Effects of withdrawal In case of the statutory right of withdrawal, we will make the reimbursement using the same means of payment as you used for the initial transaction, unless you explicitly give your consent to another method of reimbursement which does not generate any costs for you. In case of statutory right of withdrawal, if you select one of our return methods, the refund will take place without undue delay, not later than in 14 days from the receipt of your notice of withdrawal. If you decide to return and send the purchased product(s) on your own (i.e. you have not selected methods of returns offered by us), we can withhold the refund until we receive the returned product(s) or a proof that the returned product(s) has been shipped (whatever is earlier). If you decide to return and send the product(s) on your own (i.e. you have not selected methods of returns offered by us), you should deliver the returned items to us (delivery at the address given in the Model withdrawal form, i.e. Spedimex Bershka, Sosnowiec 15a, Stryków, POLAND), not later than 14 days from the day on which you communicate your withdrawal from the Contract to us. The deadline is met if you return the product(s) before this 14-day period has expired. Unless you hand the goods over in BERSHKA store in Poland, by courier or by dropping them off a drop points in Poland, you shall bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handing other than what is necessary to establish the nature, characteristics and functioning of the goods. Upon cancellation, the respective products shall be returned as follows: Returns at any BERSHKA store: You may return any product at any BERSHKA store in Poland. In such case, you should go to such store and present the product. When returning the product(s) by courier arranged by us: You should contact us through our web form or by telephone at to arrange for the product to be collected at your home. If you have bought any goods as a guest, you may request returns by courier by phone, dialing Returns to Drop point You can make the returns by dropping the item off at a Drop point in Poland. In order to do this, you should contact us through the contact form on our website or by calling to arrange for us to send you a pre-paid postage label for you to be able to attach it to the parcel which you will then drop off at a Drop point. You should send the item in the same package as it was received and follow the directions on the RETURNS section of the website. Neither of the three options above will entail any additional cost to you. We recommend returning the items in their original packaging in order to prevent their damage. We also recommend returning product with the e-ticket that was attached to the Shipping Confirmation, which is also saved under your account on the website and on the Bershka app.

7 You can present the e-ticket either by showing it in a digital form on your mobile phone or by bringing to the store a print-out of the e-ticket. However, non-compliance with our recommendation does not impact exercising your statutory rights. You may also contact us on our contact form or return the product directly to the address shown in the you will receive from us. You will be responsible for the direct cost of returning the products. Please remember, that printing e-ticket is necessary to return product on your own. Please bear in mind that if you wish to return the items to us by "cash on delivery", we reserve the right to charge the consumer the costs which we therefore incur. For orders paid for at the cash till of a physical store, in all cases returns must be carried out at BERSHKA physical stores. In order to make the reimbursement using the same means of payment you used for the initial transaction, i.e. payment by cash or by card at the cash till of a physical store, we will need respectively to refund you with the cash in person or we will need your card used for the initial transaction. To sum up, to make a return and refund, we need you to come to the physical store (any BERSHKA store in Poland) with the products you wish to return (and, if applicable, a card you used for the initial transaction). After the statutory period to withdraw lapsed (i.e. 14 days from the receipt of the purchased product), you are entitled to withdraw from the Contract on the basis of contractual right of withdrawal (please see clause below) Contractual right of withdrawal In addition to the statutory right of withdrawal for Consumers, mentioned in clause 13.1 above, we enable you (whether or not you are a Consumer) returning the purchased product(s) within 30 - day period, beginning from the day of receiving the Shipment Confirmation The right to withdraw from the Contract shall be entitled to you only for products that are returned in the same state or which reduced value does not exceed the minor faults that occurred while using them in a way not extending beyond what is necessary to establish the nature, characteristics and functioning of them. We reserve the right to reject returns sent or communicated beyond the return period limit, or products which are not in the same condition in which they were received. We will not refund your money if the product does not meet the above requirements. Effects of withdrawal In case of the contractual right of withdrawal, we will make the reimbursement using the same means of payment as you used for the initial transaction, unless you explicitly give your consent to another method of reimbursement which does not generate any costs for you. In case of the contractual right of withdrawal, if you select one of the free return methods, the refund will take place without undue delay, not later than in 14 days from the receipt of the product. Delivery costs will be reimbursed when the right of withdrawal is exercised within the contractual period and all the goods in which the relevant parcel consists of are returned. The refund will be paid as soon as possible and, in all cases, within 14 days from the date on which you notified us of your intention to cancel. Upon cancellation, the respective products shall be returned as follows: Returns at any BERSHKA store:

8 You may return any product at any BERSHKA store in Poland which has the same section to which the goods you wish to return belong to. In such case, you should go to such store and present the product. When returning the product(s) by courier arranged by us: You should contact us through our web form or by telephone at to arrange for the product to be collected at your home. If you have bought any goods as a guest, you may request returns by courier by phone, dialing Returns to Drop point You can make the returns by dropping the item off at a Drop point in Poland. In order to do this, you should contact us through the contact form on our website or by calling to arrange for us to send you a pre-paid postage label for you to be able to attach it to the parcel which you will then drop off at a Drop point. You should send the item in the same package as it was received and follow the directions on the RETURNS section of the website. Neither of the three options above will entail any additional cost to you. The return of the gift card is governed by the Terms of Use of the Gift Card. Please bear in mind that if you wish to return the items to us by "cash on delivery", we reserve the right to charge the consumer the costs which we therefore incur. For orders paid for at the cash register of a physical store, in all cases returns must be carried out at BERSHKA physical stores. In order to make the reimbursement using the same means of payment you used for the initial transaction, i.e. payments by cash or by card at the cash register of a physical store, we will need respectively to refund you with the cash in person or we will need your card used for the initial transaction. To sum up, to make a return and refund, we need you to come to the physical store (any BERSHKA store in Poland) with the products you wish to return (and, if applicable, a card you used for the initial transaction). You shall not have the right to cancel the Contract when it is for the delivery of any of the following Products: i. Customized items; ii. CD / DVD software or IT delivered in closed packaging bearing a seal, if the packaging was opened after delivery ; iii. Goods delivered in the sealed wrapping, which cannot be returned after the wrapping is opened due to health or hygiene reasons, if the wrapping has been opened after the delivery. Please return the products using or including all their original packaging and other items, accompanying the products. We kindly ask you to return the product in a box and close it securely. You have to return the products with the e-ticket that was attached to the Shipping Confirmation, which is also saved under your account on the website and on the Bershka app. You can present the e-ticket either by showing it in a digital form on your mobile phone or by bringing to the store a print-out of the e-ticket Please bear in mind that if you wish to return the items to us by "cash on delivery", we reserve the right to charge the consumer the costs which we therefore incur. If you have any questions, you can contact us on our contact form or by calling Returns of defective products (Warranty for defects of product)

9 If an item bought has a defect, you can file a complaint under Polish Civil Code (Article 556 et seq. of the Civil Code Act of 23 April 1964 (Journal of Laws of 1964., No. 16, pos. 93, as amended). Your claim might be filed on the basis of the warranty for defects. Consumers are entitled to free repair or replacement, price reduction or refund from the seller in case of defective products. These rights apply to defects which emerged in a period of 2 years from the date of delivery of product(s). You will not be required to present the corresponding receipt. In the aforementioned period Consumer may, instead of our suggestion to repair the defect, require the exchange for product free from defects or instead of exchanging, require defect removal, unless bringing product into compliance with the Contract in the manner chosen by Consumer is impossible or would require excessive costs in comparison with the method proposed by us. When evaluating these costs, we take into account the value of the product free of defects, the nature and the importance of the defects, but also we take into account disadvantages that consumer would otherwise meet. We will handle your complaint within 14 days. You can also complain about warranty items (e.g. watches) if such warranty was granted. As a Consumer you have 2 options for making a complaint: - Going to BERSHKA store and filing a complaint bridging the product with you, - By courier, - By dropping the product off at the drop points in Poland. The amounts paid for the products returned due to any damage or defect, when it actually exists, will be reimbursed in full, including the delivery costs related to sending the article and the costs to you for returning it to us. The refund shall be paid by the same payment means you used to pay from the purchase, unless you explicitly give your consent to another method of reimbursement which does not generate any costs for you Right of withdrawal and return for orders from abroad If you have ordered products from outside Poland from another EU member state via this website the above clauses 13.1 and apply with the restrictions that the collection by a courier commissioned by us can only be made from the original delivery address within Poland. At the same time we would like to inform you that we are under no circumstances (with exception of clause 13.3 to which this clause 13.4 does not apply) obliged to pay shipping costs to destinations other than the original delivery address nor the return costs from destinations outside Poland. 14. LIABILITY It is understood that product has defect, if: (i) it fails to have a property, which a thing of that kind should have regarding the purpose stipulated in the Contract or arising from the circumstances or its intended use, (ii) it fails to have a property, about which the seller has assured the buyer, specifically by presenting to the buyer a sample or a model, (iii) it fails to lend itself to the purpose, which the buyer indicated to the seller at the conclusion of the contract, and the seller failed to make a reservation to such an intended use, and (iv) it was released to the buyer incomplete. Handcrafted or artisan items sold by us often contain some natural characteristics of the materials used in the process of manufacturing of the completed item. We select only items of the highest quality but natural characteristics are inevitable. These features such as differences in grain, texture, knots and colour may cause some slight differences in the

10 finish of products. Bearing in mind the above, we confirm, however, that nothing in this clause will affect your statutory rights arising out of statutory warranty or your contractual right of withdrawal. 15. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS You must not make undue use of this website by intentionally introducing a virus, Trojan horse, worm, logic bombs or any other software or technologically damaging or harmful material. You should not attempt to make unauthorised access to this website, the server on which the site is housed or any server, computer or database related to our website. You should not attack this website through any attack of denial of service or an attack of distributed denial of service. 16. NOTIFICATIONS The notifications that you send us may be sent through our contact form or via an or in written form (a letter). placing an order. 17. PARTIAL ANNULMENT Should any of these Conditions or any provision of a Contract be declared null and void by firm resolution from the corresponding authority, the remaining terms and conditions shall remain in effect without being affected by said declaration of annulment. 18. OUR RIGHT TO MODIFY THESE CONDITIONS You are subject to the policies and Conditions in effect at the moment in which you use this website or place each order, except when by law or decision of governmental entities we must make changes retroactively to said policies, Terms or Privacy Statement. Please be informed, however, that the changes will not affect already concluded contracts. 19. APPLICABLE JURISDICTION All disputes arising out of use of this website or the Contract or related to them are subject to the jurisdiction of the Polish courts. 20. COMMENTS AND SUGGESTIONS Your comments and suggestions are always welcome. Please send any comments and suggestions through our contact form. If you as a buyer consider your rights have been breached, you can address your complaints to us via the address contact@bershka.com in order to seek an out-of-court settlement. In this regard, if the purchase from us was concluded online through our website, we, in line with EU Regulation No. 524/2013, hereby inform you that you are entitled to seek to settle the consumer dispute with us out-of court, through the platform for the online dispute resolution accessible through the Internet address Last updated on December ANNEX

11 Model withdrawal form (complete and return this form only if you wish to withdrawal from the contract) To: Spedimex Bershka, Sosnowiec 15a, Stryków, POLAND, or by to I hereby give notice that I withdraw from my contract of sale of the following goods: Ordered on/received on (*) Name of consumer Address of consumer Signature of consumer (only if this form is notified on paper) Date (*) Delete as appropriate